- 13 - shaw Glass Co., 348 U.S. 426 (1955). Exclusions from gross income have been narrowly construed. United States v. Centennial Sav. Bank, 499 U.S. 573 (1991). Section 104(a)(2) provides an exclusion from income for "the amount of any damages received * * * on account of personal injuries or sickness". The term "damages" in section 104(a)(2) encompasses amounts received pursuant to settlement agreements. Sec. 1.104-1(c), Income Tax Regs. To be excludable, the under- lying claim must be based on tort type rights, and the damages must be received on account of personal injuries. O'Gilvie v. United States, 519 U.S. __, 117 S. Ct. 459 (1996); Commissioner v. Schleier, 515 U.S. __, 115 S. Ct. 2159, 2167 (1995). The tax consequences of a settlement agreement depend on the nature of the litigation and on the origin of the claim but not on the validity of those claims. Woodward v. Commissioner, 397 U.S. 572 (1970). Where a settlement agreement lacks specific language, the intent of the payor is the most important factor in determining the nature of the claim being settled. Knuckles v. Commissioner, 349 F.2d 610 (10th Cir. 1965), affg. T.C. Memo. 1964-33. In his 1990 Federal income tax return, petitioner allocated some of the proceeds received from PepsiCo to nontaxable amounts received in settlement of a lawsuit under section 104(a)(2). Petitioner, in connection with the transfer of PMI stock to PepsiCo, signed a release which discharged his claims againstPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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